Claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975 Flashcards
What are the location rules for making a claim under IPFDA?
Deceased must have died domiciled in England & Wales
Which are the 6 categories of applicants permitted to make a claim under IPFDA?
a. Spouse
b. Former spouse who has not remarried
c. Child of deceased
d. Child of family (deceased played role of parent
e. Anyone who, immediately before death, was being maintained by the deceased
f. Any person who, at least 2 years before death of deceased, was living in the same household as the deceased as their spouse or civil partner
What are the 3 conditions necessary for someone in a relationship with the deceased to be a valid applicant under IPFDA?
- Living in same household
- For at least 2 years before death
- As their husband / wife / civil partner
What is the time limit for making a claim under IPFDA?
Applications must be made within 6 months from the grant
What are the grounds for making a claim under IPFDA?
Has the will or intestacy made reasonable financial provision for the applicant?
→ Surviving spouse: reasonable provision (whether or not needed for maintenance)
→ Other applicants: reasonable provision for maintenance
What constitutes ‘reasonable financial provision’?
Depends on the applicant:
→ Surviving spouse: reasonable provision (whether or not needed for maintenance)
→ Other applicants: reasonable provision for maintenance
What are the 5 guidelines the court will consider in assessing what is ‘reasonable financial provision’?
i. The financial resources & needs of applicant + bens immediately & in foreseeable future
ii. Deceased’s moral & legal obligations towards applicant
iii. Size & nature of the estate
iv. The physical or mental disability of any applicant
v. Anything else which may be relevant, eg. conduct of applicant, deceased’s wishes
+ the special guidelines if surviving spouse/child/cohabitant
What are the extra guidelines the court will consider where the applicant is a surviving spouse?
- Age & contribution to welfare of family
- Duration of marriage
- likely financial settlement if they had divorced
What is the extra guideline the court will consider where the applicant is a child of the deceased?
Their education or training requirements
What are the extra guidelines the court will consider where the applicant is a cohabitant?
- Age & contribution to welfare of family
- Length of period of cohabitation
What are the possible orders the court can make in a successful IPFDA claim?
Periodic payments
Lump sum payments
Property transfer
(Made against ‘net estate’ ie can include deceased’s interest in joint property)
